Garden Court Chambers responds to call for evidence by the Independent Human Rights Act Review established by HM Government.
We believe, based on over 40 years’ of experience of human rights issues arising in litigation, that on the whole the relationship between the domestic Courts and the ECtHR works well. It is a symbiotic one, with the two jurisdictions informing and influencing the other and largely marching “hand in hand” with our common law protections of civil liberties and human dignity. We see no need to amend the Human Rights Act.
We feel compelled to express our concern that this “review” is a fig leaf, designed to add credence to the unjustified criticisms of the HRA conducted by media and ministers who either fail to understand the legislation or who have their own agenda to pursue. We set out below evidence which demonstrates that the HRA is working as it should and in a way that has enhanced both the rights of the citizen and the global standing of the United Kingdom as a beacon of justice. What should come out of this review is a commitment from government to publicly support the HRA, to explain to the public how it works and its positive effects, and to promote the positive dialogue between the arms of the State that the HRA allows.